REPRIMANDED

Rotorua Morning Post, Volume 2, Issue 307, 22 August 1932, Page 7

REPRIMANDED

DETECTiVE'S ACTION ASKED ACGUSED QUESTION WITHOUT PROPER WARNING. CHIEF JUSTICE'S GOMMENT. Christchurch, Wednesday. In the course of the hearing of a charge of breaking and entering and theft in the Supreme Court to-day, his Honour the Chief Justice, Sir Michael Myers, told a detective who who gave evidence that, having decided to arrest accused, he sh'ould not have questioned the man without warning him. Accused complained that he had not been given a chance of defending the case, but after a communication from one witness he desired to call was given him he decided not to call or give. evidence. AlBert Edward Arthur Hamilton, who was not represented by counsel, pleaded not guilty to eharges of breaking into the shop of Patterson Bros., Cashel Street, Christchurch, and committing theft; of stealing goods to the value of £22 15s from the shop; and of receiving the goods, , knowing them to have been dishonestly obtained, on April 21. "I would like to say a few words before the Court starts," said accused, and having reeeived permission, he said, "I have been refused counsel, the only means- :I have of d'efending my case. There is a statement that will be brought forward that was made under pressure. "I will see that every opportunity is givon. you and I will see, as far as possible, that you do not suffer for not having counsel," said his Honour. In the course of the hearing of evidence for the CroWn, accused said that he had been refused assistance in getting evidence. His Honour said that that was not correct, because any subpoenas accused asked for would be served by the poliee. Hamilton said that the poliee had stata'd that they could not find the person named. Detective J. Edwards said that a statement was takm from accused in Dunedin. Witness asked accused about the statement. Witness said be had suggested to accused that he knew a man named Hobson had taken the goods. His Honour:. How long have you been in the poliee force? Witness: About five years. His Honour: You knew all along that you were going to arrest him? — Yes. Then you should not have asked him that question. Later his Honour told witness that he had given accused no warning and should not have asked him any questions. In the course of his summing up, his Honous told the jury to dismiss entirely from their minds the questions that the detective had .asked accused. The jury retired at 0.50 p.m. and returned at 1.10 p.m. with a verdict of guilty on the count of receiving, and not guilty on the other two. In remanding prisoner to appear for sentence on Friday, his Honour referred to a remark made by Hamilton earlier that he "did not know the run of the Court." Commenting on the fact that accused had a record which went back as far as 1920, his Honour said to him "You did know the proeedure quite well." "Not of the Supreme Court, your Honour," said prisoner. "Very well," said his Honour with a smile. Turning to the jury he said, "We don't allow juries to know these things beforehand."